please read and comply with the following conditions before you continue:

This website contains information, links, images and adult videos of explicit adult material. If you are under the age of 18, if such material offends you or if it’s illegal to view such material in your community please do not continue.

Terms and Conditions

 

Thank you for your purchase! These Terms and Conditions [Ts&Cs] form a contract between you and Trimax Movies Incorporated [Trimax], its subsidiaries, affiliates, subcontractors and partners. This contract describes each party’s rights and responsibilities, when you use one of Trimax Movies Incorporated’s services or place an order for goods. If you find yourself unable to agree to them, then you must not use our service and should not complete an order form. By completing the order form, you signify your agreement to be bound by these terms.

1. YOUR RELATIONSHIP WITH US AND THESE TERMS AND CONDITIONS
1.1. You: In order to place an order with Us for goods and/or services (the "Service") You ("You"/"Your" or the "Customer") must be an individual, of 18 years of age and who can enter into a legally binding contract under the laws of the State of Delaware, United States of America. Individuals under the age of eighteen (18) may not use Our Service; however, if You do continue to use Our Service, these Ts&Cs still apply.
1.2. Us: The Trimax Movies Incorporated technology platform (the "Website"), and the Service, is operated by Trimax Movies Incorporated ("Us"/"We"/"Our"), a company registered in the State of Delaware with company number 5830533 and with its registered and head office at 19266 Coastal Highway, Unit 4-540, Rehoboth Beach, Delaware 19971, United States of America.
1.3. Contract: When You make a purchase, You must accept these Terms and Conditions, which form a legally binding contract between You and Us governing Your use of the Service (the "Contract"). You may not use the Service, if You do not accept the Terms and Conditions.
1.4. Acceptance: You can accept the Terms and Conditions by clicking the appropriate box, when making a purchase. We may amend these Ts&Cs at any time and will send You a copy of any amendments. We may also provide You with a link to the Website where the Ts&Cs may be viewed. At any time during the term of the Contract, You may also request Us to provide You with a copy of the Terms and Conditions by contacting Our Customer Care Team. An e-mail will be sent to You, which contains a copy of the full Terms and Conditions. The copy will be attached in a format that allows You to save and print the file. Please read the contract carefully, as it may have changed since Your last visit. Your continued use of the Service indicates Your acceptance of the Ts&Cs from that point onwards for each use of the Service. If you bookmark or directly access any portion of Our technology platform, attempting to bypass Our age verification steps and/or Ts&Cs, You agree that Your action constitutes an implicit acceptance of this Agreement.
1.5. Start Date: These Ts&Cs begin on the day when We accept Your registration for the Service after You have completed the Registration Process. We will notify You of Our acceptance of Your registration by e-mail.
1.6. Service: We operate a technology platform, allowing You to view video content, purchase physical goods, communicate with other customers via a chatroom and entertain offers from third party vendors.
1.7. Fees: We do not charge You a fee for registering; however, We do charge you a fee for a purchase as set out in our invoice, presented to you in the e-shopping cart.
1.8. Membership: Your right to access the content on our technology platform within the access rights that We grant to You under a fixed period license.
1.9. Member: the owner of a unique user name and password, who is then the user of the technology platform.

2. CONTACTING US AND NOTICES
2.1. Contacting Us: Please contact Us at: support [at] myhentai.club
2.2. Our Address: 19266 Costal Highway, Rehoboth Beach, Delaware 19971, United States of America.

3. CONTRACTING (YOU MAKING A CONTRACT WITH US)
3.1. In order to make a purchase with Us, We require You to create a user account with a unique user name and password. We cannot accept a purchase order from You without an account. Your account is governed by the following terms:
3.1.1. The user account is for the purpose of processing orders and payments and recording Your data. Paragraph 12 governs the terms for the protection of Your data. We inform You of the account details as You enter Your data. A user identification number and password protect your account, which You create and We provide to You. These criteria identify and authorise You and may only be used by You. You are obliged to treat the criteria with all due care and confidentiality and protect them from access by third-parties.
3.1.2. If You suspect that these criteria are used by a third party without Your consent or suspect that an attempt to employ them is made, You must immediately notify Us, so that the account can be blocked.
3.1.3. In the event of default in payment, revocation of the direct debit authorisation, blocking of the specified bank account or expiry of the credit card, We are entitled to close Your account.
3.2. Contract Information (how You may make a contract with Us): We invite you to place an order with us for goods and/or services described on this website by entering Your data into a user account, selecting items available for sale in the e-shopping cart application and paying the required fee. We reserve the right to refuse to accept Your order and may choose to exercise this right if, for example, you have provided incomplete or inaccurate details, there has been a change in pricing structure, or We are unable to deliver the goods and/or services at the times required.
3.3. Acceptance: If We accept the Order, We will notify acceptance to You by online electronic means to the e-mail address You have given to Us on ordering. The order will then be fulfilled by the date set out in the acceptance or, if the acceptance does not contain such a date, within thirty days of the date We send the acceptance. A legally binding contract will be formed between the Parties at the time of sending the acceptance.
3.4. Description of goods and or services: The essential features of the goods and services are detailed in the description of the respective item, which are presented to You during the order transaction process.
3.5. Our Right to Withdraw: We reserve the right to withdraw from a contract, if We, through no fault of Our own, are unable to supply the ordered good, because a subcontractor or partner failed to meet their obligations.
3.6. Steps of a Contract: The contract is entered into in the following ways:
3.6.1. You create a user account and select an item(s) through the online shop in one of the available languages (i.e. You place an order).
3.6.2. Your order constitutes an offer by You to Us to enter into a contract to purchase the item(s).
3.6.3. You receive an initial confirmation from Us that the order has been received. At this point the confirmation is not a confirmation of completion of the contract.
3.6.4. Your contract is only concluded, if:
3.6.4.1. We dispatch the ordered goods or provide the ordered service to You within a period of two weeks,
3.6.4.2. You accept the order in writing, once We e-mail You a notification, or
3.6.4.3. Thirty days have passed since We sent the acceptance.
3.6.4.4. It is not necessary that You reply to accept the contract and the absence of a reply from You will be deemed as Your acceptance.
3.6.4.5. This purchase and contract is deemed as concluded, when you finalise your shopping cart, pressing Submit on Our Website or similar software.
3.7. Taxes: The prices quoted on the website include sales tax at the applicable rate. Costs for packaging, postage costs and import duties (customs duties), if applicable, shall be payable by You.
3.8. Accuracy: Unless explicitly stated, all information provided by Us is accurate at the time You visit Our website; however, please be aware that product and service details, offers and prices published are constantly updated.

4. YOUR RIGHT TO CANCEL A CONTRACT, OUR CANCELLATION POLICY AND INSTRUCTIONS
4.1. [– Beginning of Returns Instructions –] Your Right to Cancel: You are entitled to cancel the order within two weeks and You need give no reason for doing so. When You do decide to cancel a contract, please do so in writing (e.g. by post or e-mail) or by returning the goods, if We or Our affiliate or partner have dispatched them to You. The two-week cancellation period begins with either the receipt by You of a written copy of this cancellation policy or the receipt of the goods, whichever takes place later. If You have contracted for repeat deliveries of goods of the same type, then the two-week cancellation period begins upon the receipt of the first delivery or first partial delivery. Please carefully read paragraph 4.3 and paragraph 4.4, which lists exceptions to Your right to cancel.
4.1.1. For Your cancellation to be valid, it is sufficient for You to either dispatch the goods or submit Your cancellation notice within the cancellation period. The cancellation notice must be sent to: 19266 Costal Highway, Unit 4-540, Rehoboth Beach, Delaware 19971, United States of America.
4.2. Outcome of Cancellation: When Your cancellation is properly executed, services received by both Parties shall be refunded with the exception of the instances detailed in paragraph 4.3 and paragraph 4.4. If necessary, each Party will make restitution for the loss of financial benefits (e.g. interest). If You are unable to return the received goods in the condition in which they were delivered, You shall be obliged to pay compensation for the loss in value to Us. This requirement does not apply to a reduction in value of the goods caused by inspecting them in a manner that would have been available to You in a normal retail outlet. It is possible for You to eliminate or minimise Your liability for compensation by not handling the goods as if they were Your property, by not using them for the intended purpose and by avoiding anything that might diminish their value. Goods that can be returned by parcel must be sent back to Us by parcel post at Our risk. Goods that cannot be sent by parcel will be collected from Your premises. Payments received by Us must be reimbursed to You within 30 days, starting from the date at which the cancellation notice has been sent or the goods have been received by Us. [– End of Returns Instructions –]
4.3. Exceptions to Your Right to Cancel: The right of cancellation in paragraphs 4.1 and 4.2 shall not apply to:
4.3.1. Goods that have been produced according to Your specifications or that have been customised to meet Your requirements.
4.3.2. Goods that, due to their properties, are unsuitable for return delivery.
4.3.3. Goods consisting of newspapers, periodicals or magazines.
4.3.4. Goods that, by reason of their nature, are likely to deteriorate or expire rapidly.
4.3.5. Audio or video content which you have accessed, whether by listening or viewing on or from our technology platform.
4.3.6. Audio, video and software products, where the packaging seal of the storage device has been broken by You.
4.4. Exceptions to the Outcome of Cancellation: Subject to paragraph 4.2, in the case of goods or services provided by an affiliate or partner, requiring considerable preparatory planning, due diligence and/or judgement, You may cancel the order at least one week before the start date.
4.5. Return handling: Let Us help you facilitate an efficient return. You are welcome to contact Us by e-mail (support [at] myhentai.club) to request a return reference number. The goods should preferably be returned in their original packaging, including all original packaging parts. Otherwise, they must be returned in packaging that is appropriate for the goods and the method of transport. We recommend requesting a signed receipt for the goods from the courier service handling the return. This receipt should be kept until the return procedure is completed. Please note that the instructions in this section are not mandatory and that non-compliance shall not affect Your right of cancellation.
4.6. Costs for returning goods: If You exercise Your right to return goods (see returns instructions), You bear the postage costs, if the goods supplied correspond to the order, or You have rendered neither a quid pro quo nor a contractually agreed partial payment. Otherwise, return postage is free of charge.

5. INFORMATION ON ORDERING OVER ELECTRONIC CHANNELS
5.1. To place an order for goods or services from Our online shop or an online shop that We host for an affiliate or partner, You must first find the goods or service in the website catalogue and place them in the e-shopping cart. The shopping cart contains a list of all the goods and services that You have selected for purchase. Before finalising Your order, items in the shopping cart may be amended with respect to quantity or completely removed from the shopping cart. You are responsible for ensuring that the shopping cart contains only the items that You wish to purchase.
5.2. Once the shopping cart contains all the goods required in the necessary quantities, the order transaction may be finalised by pressing the relevant button. You will be asked for Your invoice and delivery address, and the payment and shipment method desired. Before placing the final order, all the details of the order are displayed in summary and can be modified by You, if required.
5.3. You have the option to read, print or save the Ts&Cs. After You have confirmed that You have read and accepted the Ts&Cs as part of the purchase contract, You may continue the order process.
5.4. The order becomes binding as soon as You have sent it. When the order is received, You are issued a confirmation including these Ts&Cs.
5.5. The order details including the personal data entered by You are electronically stored by Us.

6. PAYMENT TERMS AND RETENTION OF TITLE
6.1. Upon entering into a purchase or service contract, You are obliged to pay the purchase price, service fee or licence fee.
6.2. We will extend payment methods available to You. You authorise Us to deduct the amount due by electronic transaction from Your preferred payment method.
6.3. Until full payment is made, the goods and service remain the property of Us. In the event that the purchase price is not paid in full, You must inform Us immediately and in writing of this fact. This also applies to cases where the goods are subject to claim by a third party or are otherwise exposed to interference by a third party. If goods subject to retention of title are resold, You agree to assign all claims from the resale to Us, irrespective of whether these have arisen before or after processing of the goods
6.4. We will grant a Member a limited, non-exclusive and non-transferrable fixed period license to view the content on Our technology platform. All content on Our technology platform is proprietary and constitute intellectual property owned by Us and/or Our sponsors, advertisers, associates or suppliers. You agree that You may view and access the content. You acknowledge that We prohibit You from and You agree not to do any of the following:
6.4.1. Allowing other individuals to directly or indirectly view or otherwise use the content,
6.4.2. Alter, adjust, modify, interpret, translate, decompile, recompile, reverse engineer the content or operational functionality of the content or technology platform,
6.4.3. Appropriate, make copies, lease, rent, share without recompense, transfer any content,
6.4.4. Alter, adjust or removing any proprietary notices or labels on the content, or
6.4.5. Any other use of the content, which We do not expressly permit.
6.5. Automatic Recurring Billing is an option available to You, wherein a subsequent, fixed period license may be automatically granted to you for a similar period and price, which may be higher or lower than the price that You originally paid. We will collect the fee for this subsequent fixed period license or Membership from the payment card that You authorised. We will continue to collect the fee for this subsequent, fixed period license or Membership until You instruct Us otherwise by cancelling Your order as instructed in Section 4.
6.6. Trial Account, Fees and Cancellation is an option available to You for a fixed period of time disclosed to You at the time that You initiate Your trial period. You agree that, if You do not send us a notification of cancellation, as set out in Section 4, We will automatically and without further notice to You convert Your trial to a standard Membership on Our standard terms. These standard terms may include Automatic Recurring Billing, where You have elected this option. We will collect the fee for this subsequent fixed period license or Membership from the payment card that You authorised. We will continue to collect the fee for this subsequent, fixed period license or Membership until You instruct Us otherwise by cancelling Your order as instructed in Section 4.
6.7. Subscription and Membership fees, whether for standard or Automatic Recurring Billing, are subject to change at any time and at Our sole discretion
6.8. Transfer or Assignment of Access is not permitted to You and You agree that You have no right to transfer or assign Your Membership to Our technology platform. However, We may and at Our sole discretion without further notification to You transfer or assign Your Membership to an affiliated or non-affiliated company.

7. SHIPPING AND DELIVERY TERMS
7.1. Goods will be delivered to Your address and You will pay all delivery costs and import duties, where applicable. Import duties may include customs duty, tax or similar levy.
7.2. Packaging and/or shipping costs are presented to You online when placing Your order from the online shop. You must agree and accept these costs to complete Your contract.

8. WARRANTY AND LIABILITY
8.1. You are entitled to withdraw from a contract, if a good or service is defective and beyond repair or a replacement cannot be made successfully within a reasonable period of time after delivery.
8.2. Unless otherwise specified, any other claims by You, on whatever grounds, shall be excluded. We shall not be liable for damage other than damage to the delivered goods. We shall not be liable for loss of earnings or other damage to Your property. The limitations regarding Our liability also apply to the personal liability of Our employees, representatives, agents and partners.
8.3. The above limitation of liability shall not apply in cases where damage has been caused intentionally or as a consequence of gross negligence, or where personal injury has been caused. The limitation of liability shall not affect the customer's legal rights.
8.4. In the event of Us breaching Our contractual obligations due to negligence, compensation for damage to property shall be limited to typical damage.
8.5. If the packaging of the goods is obviously defective or damaged, You must immediately notify the transport firm or courier service.
8.6. If the complaint is without merit and We determine that the goods or services are free of defects, We shall be entitled to charge You a shipping and inspection charge. If You can prove that the actual costs were higher or lower, the charge shall be adjusted accordingly. In all cases, You shall pay the shipping costs.

9. MANAGING YOUR ACCOUNT
9.1. Accurate Data: You must provide accurate and current information and must not provide any false, incomplete or misleading information or data that You are not legally permitted to use. You must notify Us of any changes to the details You provided during your registration and purchase process.
9.2. Further Information Requests: We, and especially Our partners and affiliates, may ask for further information about You at any time and failure or refusal to provide such information may result in a limitation of usage, or worse, the inability to complete your purchase.
9.3. Failure to Provide Further Information after Purchase: You may elect to make a purchase from a third party supplier or affiliate. Your failure to provide the additional data to the affiliate renders the affiliate unable to finalise Your application. You must have particular regard to the loss of your right to a refund, reimbursement or return in accordance with paragraph 4.4, if You fail to maintain and provide the additional data requested by the affiliate and You recognise that the consideration of Your application by the affiliate required considerable preparatory planning. You understand that, once You submit Your initial application, the purchase is final, regardless of the favourable or unfavourable decision of Our affiliate to grant the service and regardless of whether Our affiliate requested additional data and/or whether You provided the additional data.
9.4. Prohibited Uses: Neither You nor anyone else authorised by You may use Your account:
9.4.1. fraudulently or in connection with any criminal offence or unlawful purpose of any nature;
9.4.2. in any unlawful manner, or in contravention of any applicable legislation, licence or third party rights;
9.4.3. to re-sell or attempt to re-sell the Service or any part of it to any third party or attempt to exploit the Service for any commercial purposes;
9.4.4. in a way that does not comply with these Ts&Cs or with any reasonable instructions that We give to You;
9.4.5. for tampering, ‘hacking’, modifying or otherwise corrupting the security or functionality of the Service or of the Website or any other software;
9.5. Monitoring: We may apply procedures to detect and prevent breaches to these Ts&Cs. We may suspend Your account immediately, if:
9.5.1. You use the Service or Your account in any way which is in breach of these Ts&Cs, or otherwise breach these Ts&Cs, or We reasonably believe that either is taking place, whether with or without Your knowledge or authority; or
9.5.2. We are required to do so by any regulatory or governmental agency or other authority.
9.6. Notification to Authorities: We may notify the police or other authorities of any unlawful use of the Service or Your details.

10. ACCOUNT SECURITY
10.1. Privacy: We handle Your personal details, including Your account usage, in accordance with Our Privacy Policy, which is attached to these Terms and Conditions and is available upon request.
10.2. Your Details: You must never share Your user name and password with anyone else. You are solely responsible for the security of Your user name and password and agree to take all reasonable steps to keep them safe and secure.
10.3. Unauthorised Usage: You must immediately notify Us, if You believe that Your user name and password is known to any other person and is being or is likely to be used in an unauthorised way.
10.4. Notice of Suspension: We will inform You of any intention to stop the use of Your account, specifying the reasons for doing so, unless such provision of information would compromise reasonable security measures or is otherwise unlawful. Where it is not possible to notify You beforehand, We will do so immediately after stopping the use of Your Account. We will provide You with notice of Our intentions depending upon the information which You have previously supplied. Generally, this will be by e-mail or a telephone call from Our Customer Care Team. We will allow the use of Your account, or replace it with a new one, as soon as practicable after the reason for stopping its use ceases to exist. We may refuse to execute any purchase with an affiliate authorised by You, where We suspect that the Ts&Cs have been violated, or where We are otherwise required to do so by law.
10.5. No Phishing: We will never request Your account password details via e-mail, telephone or otherwise. Under no circumstances may You share these details with anyone and, if You do, You are solely responsible for transactions.
10.6. Acting Fraudulently: If You have acted fraudulently, intentionally or through gross negligence breached these Ts&Cs, You will be liable for all losses incurred in respect of any unauthorised transactions.

11. COMMUNITY STANDARDS
11.1. We may permit You to communicate or share information with other users of Our technology platform. You agree not to post, disseminate, share or communicate any defamatory, abusive, threatening or illegal material, content or other items, which:
11.1.1. Breaches the privacy rights of another individual,
11.1.2. Breaches the intellectual property rights of another person or entity.
11.2. We reserve the right at Our sole discretion to determine whether You breach Our community standards.
11.3. Where we determine that You breach laws or the intellectual property rights of another person, We reserve the right to refer the matter to law enforcement officials.
11.4. You are solely responsible for all information which You post, disseminate, share or communicate, including in cases where a claim may arise after We or You terminate service. We do not assume any liability to monitor any communication.
11.5. You remain liable for all liability, damages and consequences for the content that you submit post, disseminate, share or communicate
11.6. Any information or content that You share in a chatroom, whether public or private, shall be deemed to be readily accessible to the public and deemed to be public content.

12. DATA PROTECTION
12.1. All data submitted by You (e.g. name, e-mail address, address, password, payment card number, invoice address), including all personal data, is used for the processing of the Your order. All such data is transmitted through the internet as SSL encrypted data.
12.2. When necessary to fulfil Your order, Your data may be transmitted to an affiliate or partner located outside the United States of America. In this instance, the data will only be used to fulfil Your order. We will request your explicit consent that We are entitled to disclose this data to this third party, which You must provide to complete Your order.
12.3. Your payment card related data is forwarded to the financial institution through which payment is to be made, as this is necessary for the handling of Your order. We will request Your explicit consent that We are entitled to disclose this data to this third party, which You must provide to complete Your order. Your personal data shall not be disclosed to any other third party for this purpose. Please note that Your consent for the disclosure of Your personal data can be given electronically on the website. Your consent is thereby logged. You are entitled to revoke your consent at any time. Please take special note that, in some instances, Your payment card transaction will be processed outside the United States of America.
12.4. We save the contract text and send a copy of the order data and our Ts&Cs by e-mail to You. You have the option to view Your previous orders via Your account on the website. To enable You to shop online, cookies are used on certain pages. Cookies are small text files that are transferred from Our online shop to Your computer. You have the option to accept, manage and block cookies by adjusting Your web browser settings accordingly. If cookies are disabled, You will be unable to use certain key functions of our website, such as the shopping basket. Cookies are used exclusively to make certain applications accessible and do not contain any personal data.
12.5. If You have any queries or concerns regarding the collection and use of Your personal data, if You wish to correct or block personal data or revoke Your consent to using your personal data, please contact Us (for contact details, see 2.2). For the purpose of data protection legislation, We are the partner responsible for data protection.
12.6. The data protection policy and consents can be viewed at any time on the online shop site by clicking the “Privacy” button.
12.7. We also use Your personal data, including e-mail and postal address, to inform You of new offers and products. At any time, You may revoke Your consent to the use of Your personal data for information and marketing purposes.

13. WARRANTIES, LIABILITIES AND DISCLAIMERS
13.1. Your Warranty: You warrant and represent to Us that the opening of and use of Your account by You:
13.1.1. Does not contravene any law of any jurisdiction,
13.1.2. You will not use the Service unlawfully or in connection with any unlawful activity or in any way that breaches these Ts&Cs,
13.1.3. You acknowledge that the content of Our technology platform contains depictions of a sexually explicit nature. You are familiar and unoffended by content of this nature and wish to view such content. You acknowledge Our statement of our compliance with United States Code, Title 18, Part 1, Chapter 110 Section 2257. You understand and agree that the content on this technology platform is not intended for or suitable to minors or individuals, who may object to such content, and will not promote or disseminate this content to such individuals.
13.1.4. You acknowledge the data that You disclose to Us, including your payment card details, is Your own and does not infringe on the privacy of another individual.
13.1.5. You acknowledge that the payment card details are Your own. You will not provide payment card details of an account on which You are not the primary account owner.
13.1.6. You agree that We may collect and retain Your personal data and internet usage for the purpose of mitigating fraud and piracy risks to our technology platform.
13.1.7. You will not copy, upload, download, transmit, transfer, distribute, disseminate, publish, alter, modify or use and of the content or material on Our technology platform without Our written permission.
13.1.8. You authorise Us to request personal data from Your Internet Service Provider in order to investigate copyright infringement, theft or piracy.
13.2. Availability: Whilst We strive for continuous availability, We cannot and do not warrant or represent that the Website, the Service or Your account will be continuously available and error free. We may conduct reasonable maintenance (leading to downtime) as required.
13.3. Products and Taxes: We are not responsible in any way for the Products or for any site from which they are purchased, or for any charges, taxes or other duties relating to the transactions. The affiliates are solely responsible for all information in relation to the Product, for the Products themselves and their supply and sale to You.
13.4. Your Liability: You may be liable to Us for losses, expenses or damages We incur as a result of Your breach of these Ts&Cs. In particular, You will be liable for and shall indemnify Us against any losses, expenses or damages We suffer as a result of:
13.4.1. any use of the Service or Your account by any person using Your details, other than arising after You have notified Us that You believe that Your user name and password has become known to another person or is being or is likely to be used in an unauthorised way; or
13.4.2. any misuse of the Service, Your account or the Website.
13.5. Our Liability: We will provide the Service with reasonable care and skill and in accordance with these Ts&Cs, but We exclude all warranties, representations, conditions and terms that are not expressly set out in these Ts&Cs. In addition, You agree that We will not be liable to You or any other person for any of the following losses:
13.5.1. loss of profits, revenue, opportunity, bargain or sales;
13.5.2. losses caused by Your incorrect data as recorded by You;
13.5.3. losses caused by a third party who passes all reasonable identity and verification checks;
13.5.4. losses caused by delays, losses, errors, or omissions in any telecommunications or other data transmission system, or any other system outside of Our control;
13.5.5. losses arising out of the acts or omissions of other providers of telecommunication services or for faults in or failures of their networks and equipment or anything that is outside of Our control;
13.5.6. losses arising from the Website, the Service or Your account not being continuously available or arising from Our reasonable maintenance (which may lead to downtime) of the Website or Service;
13.5.7. indirect, consequential and special damages; or
13.5.8. losses arising from files available for downloading. Although We make every effort to ensure that files are free of viruses, worms, trojan horses or malicious code, which may contain contaminating or destructive properties, You are responsible for implementing sufficient tools, procedures and safeguards against such attacks. We do not assume any liability for Your loss of data. You use our technology platform at Your own risk.
13.6. General: You are responsible for all claims, fees, fines, penalties and other liability incurred by Us, another account user, or a third party caused by or arising from Your breaking these Ts&Cs and/or Your use of the Service. You agree to reimburse Us, another user or a third party for any and all such liability.
13.7. Liability Not Excluded: We do not exclude Our liability for death or personal injury caused by negligence, for fraudulent misrepresentation or for anything else that cannot be excluded under applicable law.
13.8. Cap on Liability: Subject to these Ts&Cs, Our liability in contract, tort or otherwise is capped at the amount of fees You paid to Us in the 12 months prior to the liability arising.
13.9. Indemnity: You hereby indemnify Us and Our group companies for any loss suffered (including by way of contract, tort or otherwise and including legal fees) and arising directly or indirectly against any claim brought against Us or any group company by a third party resulting from Your misuse of the Service, the site or Your account or any breach by You of these Ts&Cs.
13.10. Sponsors, Advertisers and Third Parties: Our technology platform may provide links to sponsors, advertisers or third parties not owned by Us. We have no control over and assume no liability for the content, privacy policies or practises of sponsors, advertisers or third parties. You agree to release Us from any and all liability arising from Your use of the content of a sponsor, advertiser or third party. You agree that Your participation in or purchase of any sponsor, advertiser or third party promotion or service creates no liability for Us to You for Your activity.

14. GOVERNING LAW AND LEGAL DISPUTES
14.1. Complaints: In the event of any dispute or problem with the Service, please contact Our Customer Care team in the first instance. In the event that Your query is not satisfactorily resolved, You may lodge a complaint with Us by writing to Us at the address specified in Section 2.2.
14.2. Governing law: These Terms and Conditions (and therefore Your agreement with Us) shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America. Any claim arising out of or relating to these Ts&Cs or the provision of the Services or Your account that cannot be resolved by contacting the Customer Care team shall be resolved by arbitration before one (1) arbitrator in accordance with the Rules for Commercial Arbitration of the American Arbitration Association ["AAA"]. The appointing agency shall be the AAA and the arbitrator shall apply Delaware law to both interpret this Agreement and fashion an award.

15. OTHER PROVISIONS
15.1. Law: We and You shall both comply with all applicable laws, contracts and applicable licences regarding the use and provision of the Service and Your account.
15.2. Entire agreement: These Ts&Cs constitute the entire agreement between You and Us with respect to the Service and Your account and supersede and replace any and all prior agreements.
15.3. Waiver: Our failure to exercise or enforce any right under these Ts&Cs shall not be deemed to be a waiver of any such right or prevent Us from exercising or enforcing any of these Ts&Cs at any time.
15.4. Assignment: You may not transfer any of Your rights or obligations under these Ts&Cs without Our prior written consent. We reserve the right to transfer Our rights and/or obligations under these Ts&Cs by notifying You in writing.
15.5. Other parties: You and We are the only parties who may rely on or enforce these Ts&Cs.